In the wake of the allegations regarding Mr. Ghomeshi, Premier Wynne has called for a review of sexual harassment rules in Ontario. While employees of broadcasters like the CBC generally fall under the jurisdiction of the Federal Canada Labour Code (and therefore Premier Wynne has limited power over the CBC), the situation has served as “lightning rod” for discussion – and probably one that is much needed. Before we discuss whether an overhaul is required, what’s the current state of the law? Currently, sexual harassment can be a criminal offence under the Criminal Code, an offence under . . . [more]
Archive for ‘Substantive Law: Legislation’
The law library team at my firm spends a good chunk of time monitoring legislation. It is our role to alert our colleagues, and in some cases our firm clients directly, with information about new legislation and changes to existing legislation. We like to be proactive so we also do our best to chase down “what is coming down the pipe”.
Rumours, innuendo, a couple of very good Alberta political watch newsletters and, increasingly, public consultations.
Public consultations are a way for government to ask before creating complex legislation that might be difficult to implement or enforce without significant voluntary . . . [more]
The dead puck era in the National Hockey began roughly in 1995 and lasted through the lockout of 2004. The dead puck era was marked by stifling defense and low scoring games as teams employed a defensive strategy known as the “neutral zone trap” (sub nom the trap). The basics of the neutral zone trap was that a team would dump the puck into the offensive zone and then mount little or no forecheck in the offensive zone in favour of placing all of their players in the neutral zone in order to impede the other team from advancing through . . . [more]
In addition to the anti spam provisions of CASL, it contains provisions against malware starting in January 2015. It imposes disclosure and consent requirements for software providers in certain situations.
Unfortunately, those provisions are perhaps more ill-advised and unclear than the anti-spam provisions. They have the potential to make life difficult for software companies, create additional record keeping responsibilities where none are needed, and could even hurt Canadian consumers if foreign software developers simply don’t sell their products in Canada to avoid compliance.
The IT law bar is collectively scratching their heads trying to understand what the provisions mean in . . . [more]
Well-known University of Toronto law professor Kent Roach has reacted to this week’s two terrorist attacks in St-Jean and Ottawa with a post about The Canadian Terrorist Attacks and Canadian Counter-Terrorism Law on the US-based Just Security website.
Roach’s text examines some of the existing powers in the Criminal Code that can be used against suspected terrorists, and discusses the issues surrounding proposed amendments that would expand powers of Canadian intelligence services.
Roach is the author of The 9/11 Effect: Comparative Counter Terrorism Law (Cambridge University Press, 2011).
He served as research director for the commission of inquiry into the . . . [more]
Something from the recent Throne Speech here in Nova Scotia struck me as quite odd. Specifically, a local news story quoted that the Premier “promised in the throne speech to ban the use of e-cigarettes in public places.”
Nova Scotia would not be the first jurisdiction to take this step and it would join a long list of jurisdictions which have enacted such legislation or by-laws. I am not an advocate of e-cigarettes nor did I understand much about them prior to doing some research for this post, but my understanding of some of the logic behind this intended ban . . . [more]
Bill C-24—the Strengthening Canadian Citizenship Act, which passed its third reading on June 16, 2014, is already facing considerable scrutiny.
Of particular concern are the revocation clauses, which would provide the government to strip a Canadian of his or her citizenship, even if they were born in the country. This could result in the deportation of a person to a country they have never even been in.
CASL – the Canadian anti-spam legislation – contains provisions that require certain disclosure and permission requirements on the installation of software that does certain things, or when software does certain things. This aspect of CASL has been overshadowed by the anti-spam provisions, in part because the software provisions are not in effect until January 15, 2015.
Unfortunately these software provisions are not easy to comprehend or apply in practice. There is a lot of uncertainty around their interpretation. And IMHO they are going to cause far more harm than good. There is a real danger that some software creators will . . . [more]